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Check this out: Scene safety or censorship? You be the judge as Miami-Dade firefighters confront videographer.

67 comments

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Curt Varone’s view on this video at FireLawBlog.com

Yesterday, during my presentation at Maryland Fire & Rescue Institute’s Staff and Command course, there was a lively discussion (it was a very lively and enjoyable group) about the issues you will see raised in the video above. We were discussing the fact that it is somewhat of a rarity to be at a scene these days where no one is recording your actions. The issue of scene safety versus censorship came up and about the same time it was playing out live in Florida.

This involves a fly out, a videographer (MiamiImpulse) and firefighters from Miami-Dade Fire Rescue. At 3:24 into the video a firefighter and captain cross the street. The firefighter makes the cut sign with his hand across his neck asking, “Can you not videotape that please?”. MiamiImpulse replies “Why?”. The firefighter says “This is personal information.” At the same time the captain approaches, telling the guy he is leaving. As the captain makes his first request for police and tells the man to turn around and walk away, the firefighter says he is not allowed to videotape this and repeats that it is personal information. Following that, the captain shifts gears and makes it a case of scene safety. The videographer notes in text that cars were driving between him and the helicopter. He refuses to leave.

What we don’t know, of course, is if anything happened before MiamiImpulse began rolling video. It appears that this is unedited video from a camera and a smart phone.

So, is this Miami-Dade Fire Rescue policy? Is this the crew’s policy? Who is right and who is wrong? Is this really a scene safety issue or is it being used to keep the man from shooting what the firefighters don’t want him to see?

My suggestion to all reading this is that you figure this issue out before a confrontation with the public. Are you clear on the legal issues? Do you know your department’s policy? Do you understand the rights of the citizens with the camera and what they can and can’t do? Do you let your personal view of what’s proper and not proper impact your decision making?

You will only be running into more and more instances where people are shooting video of you in action. Make sure you are standing on firm ground when and if you interfere with someone taking pictures. Otherwise, it can get very ugly.

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67 Comments

  1. Smokey says

    Great example of what not to do. It begins with the firefighter getting out of the cab of the ambulance WITH gloves on. I guess they decon the driver area after each call? Then the Captain loses control of the situation. I can only imagine the fireground when he is IC. His span of control is about 1-2.
    The press was across a roadway. If he was in any danger the road should have been shut down as well.
    Looks like the smoking gun is when he assaulted the press with bloody gloves and physical contact.
    We will use this at work as an example of what not to do.
    Thanks for posting

    on March 23, 2013 @ 7:24 pm. Reply
  2. Anonymous says

    What ethnicity is the cameraman, just curious.

    on March 23, 2013 @ 10:02 pm. Reply
  3. Mickey Osterreicher says

    As the general counsel for the National Press Photographers Association (NPPA) I deal with these issues on a daily basis around the country. Having the opportunity to see the video and read the previous comments I agree that the best take away from this unfortunate but all-too-common incident is that departments need better guidelines and on-going training.

    But that should just be a baseline beginning point. “Because I said so” is fine for your mother to say but paraphrasing the US Court of Appeal for the First Circuit: “A police officer [or other government official] is not a law unto himself; he cannot give an order that has no colorable legal basis and then arrest a person who defies it. So it is here: because the [photographer’s] activities were peaceful, not performed in derogation of any law, and done in the exercise of his First Amendment rights, [Captain Smart] lacked the authority to stop them.”

    While the press may not have any greater right of access than the public, they have no less right either. If there was no actual perimeter established and vehicular traffic was allowed to pass closer than the photographer was standing, then there was no basis for ordering him to leave. The First Amendment is not absolute. It is subject to reasonable time, place and manner restrictions. So while it might have been reasonable for the Captain to ask the photographer to move back a few feet (if he indeed was in the way or in danger) it is unreasonable and unlawful for him to order him to leave because that order restricts far more speech (and photography is viewed under the First Amendment as a form of protected speech expression) than is necessary to achieve a legitimate government interest.

    There is no reasonable expectation of privacy in public. That in fact is how we distinguish public from private. It is why surveillance cameras are allowed in public places. HIPPA applies to healthcare providers (including EMS personnel). Unfortunately there have been far too many misguided attempts by EMS to enforce those privacy protection requirements upon the press and the public who have no “duty of care” to the patient.

    This incident is another teachable moment. Let’s hope that those who should know better learn from it.

    on March 25, 2013 @ 9:04 am. Reply
  4. Chuck DeVry says

    AMR would have had this patient to the hospital before clown truck king got out of his truck. Captain Stupid should be charged with assault.

    on April 21, 2013 @ 11:38 pm. Reply

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Continuing the Discussion

  1. Another First Amendment Issue | Fire Law linked to this post

    [...] wanted to follow up on Dave Statter’s post about the Miami Dade helicopter video and the possible violation of the photographer’s [...]

    on March 22, 2013 @ 11:41 am.
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